PARAGBHAI GULABCHAND SHAH Vs. ISHWARLAL SHANTILAL MEHTA

JUDGEMENT

(1.) The Petitioner / Original Defendant No.1 has preferred the present Petition under Article 226 / 227 of the Constitution of India, challenging the order passed by the learned 10 th Additional Senior Civil Judge, Jamnagar, below Ex. 32 filed by the Respondent No.1-Original Plaintiff for appointment of Court Commissioner, for conducting the Panchnama of the Suit Property.

(2.) The facts leading rise to the present Petition in nutshell are that the petitioner is the Original -- Defendant No. 1 and the Respondent No. 1 is the Original Plaintiff, and respondent No. 2 is the Original Defendant No. 2, in Regular Civil Suit No. 129/2017 filed by the Respondent No. 1, inter alia, praying for a decree of declaration of easmentary right and injunction over the suit property belonging to the Petitioner.

(3.) Heard learned Advocate Mr. Vaibhav B. Shukla for the Petitioner, learned Advocate Ms. Devangi Solanki for learned Advocate Mr. N.V. Gandhi for Respondent No.1 and learned Advocate Mr. Devang Bhatt for learned Advocate Mr. H.S.Munshaw for the Respondent No.2.